The relationship between calculating the amount of compensation for land to be expropriated and determining the officially assessed land price.

Pursuant to Article 46(2) of the former Land Expropriation Act (amended by Act No. 4483 of Dec. 31, 1991), the officially announced price, which is the basis for calculating the amount of compensation, means the publication of the reasonable price as of the basic date for each year, of the reference land selected from among lands generally recognized as similar to the land use status or surrounding environment and other natural and social conditions. It does not mean the so-called publicly announced land price calculated by using the standard ratification sheet on the factors of the formation of the standard land price and the land price to be calculated, provided

Article 46(2) of the former Land Expropriation Act (amended by Act No. 4483, Dec. 31, 1991); Articles 4 and 10(2) of the Public Notice of Values and Appraisal of Lands, etc. Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Doz., Counsel for plaintiff-appellant)

[Judgment of the court below]

Central Land Tribunal and one other Defendants (Attorney Kim Young-young, Counsel for the defendant-appellant)

Seoul High Court Decision 92Gu28800 delivered on November 10, 1993

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

Pursuant to Article 46 (2) of the Land Expropriation Act (amended by Act No. 4483 of Dec. 31, 1991), the officially announced price, which is the basis for calculating the amount of compensation, means the publication of the reasonable price as of the basic date for each year, with respect to the reference land selected from among lands generally similar to the land use status or surrounding environment and other natural and social conditions (see Article 4 of the Public Notice of Values and Appraisal of Lands, etc. Act). It does not mean the so-called officially announced land price, which is computed by using the standard ratification sheet on the factors of the formation of the standard land price and land price provided by the Minister of Construction and Transportation (see, e.g., Supreme Court Decision 92Nu18931, Jun. 8, 1993). In the above purport, the court below’s determination of the compensation price by selecting the standard land price on the basis of the results of appraisal by the Nonparty of the appraiser in the court below is justifiable, and there is no

In other opinions, we cannot accept the argument to the effect that the reference land selected for the determination of the officially assessed individual land price should be selected, or that the reference land should be treated as being in the process of the determination of the officially assessed individual land price.

In addition, the normal land price increase rate applicable to this case is between January 1, 1991, which is the officially announced price of the reference land, and December 2, 199, which is the date of the expropriation decision of this case. Thus, the normal land price increase rate from January 1, 1990 to December 31, 192, which is the date of the expropriation decision of this case, is not applicable to this case. There is no reason for discussion.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Chocheon-sik (Presiding Justice)